Delhi High Court - Orders
Girdhari Lal & Ors vs Gokul Chand & Anr on 1 September, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1417/2023 & CM APPL. 45109/2023
GIRDHARI LAL & ORS. ..... Petitioner
Through: Mr. Manu Shishodiya and Ms. Hina
Rajput, Advocates.
versus
GOKUL CHAND & ANR. ..... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 01.09.2023 CM APPL. 45109/2023(for exemption) Allowed, subject to all just exceptions.
Accordingly, the present application is disposed of. CM(M) 1417/2023
1. This petition filed under Article 227 of the Constitution of India impugns the order dated 13.03.2023 passed by the ADJ, West District, Tis Hazari Court, Delhi ('Trial Court') in suit No. 195/2019 titled as "Gokul Chand v. Girdhari Lal & Ors." whereby, the Trial Court decided the preliminary issue no. 6 in favour of the Respondent herein i.e., plaintiff and against the Petitioner herein i.e., defendant. The issued no. 6 reads as under:
"6. Whether the suit has not disclosed any plausible cause of action and is liable to rejected under order 7 rule 11 CPC?"
2. The Petitioner is aggrieved by the aforesaid decision and states that the said issue if decided in favour of the Petitioner will result in termination This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 15:43:58 of the suit proceedings.
3. In the opinion of this Court, the present petition filed under Article 227 of the Constitution by the Petitioner is not maintainable in view of the proviso to Section 115 of the Code of the Civil Procedure, 1908 (CPC). (Re Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers & Ors. (2003) 6 SCC 659)
4. At this stage, the learned counsel for the Petitioner seeks liberty to withdraw the present petition and avail his statutory remedy in accordance with law.
5. Accordingly, the petition is dismissed with liberty reserved to the Petitioner.
MANMEET PRITAM SINGH ARORA, J SEPTEMBER 01, 2023/msh Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 15:43:58